REVACH L'DAF
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| BAVA BASRA 157 - Dedicated by Uri and Aviva Sondhelm in memory of their parents; Avraham ben Menachem Mendel ha'Levi, Gella bas Ze'ev, and Sarah bas Tzvi. |
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SUMMARY
1. There is a dispute about the law in a case where both a person and his father died, but it is not clear who died first.
2. Beis Hillel: The possessions of both of them remain with the father (and the creditors of the son receive nothing).
3. The Mishnah differentiates between a person who lends money with a document and one who gives a verbal loan with witnesses.
4. It is a Mitzvah for orphans to pay back their father's loans.
5. The Gemara discusses the case of a lender who seizes a field that the borrower sold together with the value of any improvement made by the buyer.
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A BIT MORE
1. This is a very big difference, as the heirs or creditors of the second person would end up receiving their money from both of these people (since they inherit each other).
2. Beis Shamai: They (whether they are heirs or creditors) split the entire estate.
3. If the loan is recorded in a loan document, he may collect from property that the borrower owned at the time of the loan, even if it was later bought by someone else. If the loan was a verbal loan, he may collect only from the borrower's current property (if the borrower does not have the money to pay back).
4. When a person leaves property, and a loan document stating that he owes the money, it is an obligation for the heirs to pay back the money. When he left them only movable items, it is a Mitzvah, but not obligatory, for them to pay back the outstanding loan.
5. The Gemara concludes that while the lender may seize the entire field that existed when he lent the money to the borrower, any improved value made by the buyer to the field is split between the buyer and the lender. The buyer then claims the half of the improvement that he lost, along with the rest of the field, from the borrower.
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